There's no denying that driverless cars could fundamentally change car accident claims by shifting responsibility away from individual drivers and toward vehicle manufacturers, software developers, and even technology providers. Claims involving autonomous systems may become more complicated as everyone from insurers and attorneys to lawmakers acclimates themselves to new transportation technology.
There's a skyrocketing interest in self-driving vehicles, and companies have invested billions in automation. Questions surrounding liability, insurance, and regulation are becoming unavoidable with every technological breakthrough.
While human error causes most traffic accidents today, automated systems may eventually reduce many of those common driving mistakes. Legal systems, however, aren't changing as quickly as technology, but a lot could happen within the next decade.
In What Ways Is Driverless Technology Reshaping Road Safety?
Autonomous vehicles use all kinds of tech with limited or no human input. Examples include the following:
- Cameras
- Sensors
- Radar
- Artificial intelligence
- Mapping systems to navigate roads
Automotive engineers classify vehicle automation into several levels, ranging from the most basic driver assistance to total automation.
So many modern vehicles already include features like adaptive cruise control, automatic braking, lane-centering technology, and parking assistance. As such, fully autonomous vehicles represent the final stage of that tech-based evolution.
Supporters claim that automation can reduce accidents caused by distracted driving, speeding, fatigue, and impaired driving. After all, computers don't feel tired, answer text messages, or drive while under the influence.
Even though that's true, technology still faces several obstacles. The following can confuse automated systems:
- Construction zones
- Severe weather
- Damaged road markings
- Unexpected obstacles
Cybersecurity concerns also remain a substantial challenge. Studying the overall impact of autonomous vehicles on traffic safety is crucial. So far, it seems that automation can reduce certain types of collisions while also creating new risks that engineers and regulators must address rather than ignore.
Road safety is far more likely to improve bit by bit rather than overnight. Traditional and autonomous vehicles will likely share highways for many years, which is part of an extended transition period.
Who Exactly Is Responsible When a Driverless Car Causes an Accident?
Determining fault after a traditional collision usually calls for closely examining driver behavior. Investigators look for evidence of everything from speeding and distracted driving to reckless behavior and traffic violations.
Simply put, driverless technology complicates that process. Responsibility could fall on several different parties, even all at the same time, including:
- Vehicle manufacturers
- Software developers
- Technology suppliers
- Vehicle owners
- Fleet operators
Imagine a situation in which a self-driving car doesn't recognize a pedestrian because of faulty software. Manufacturer liability could become the focal point of the issue.
Another accident might involve a vehicle owner who ignored the latest software update or didn't properly maintain the vehicle. Shared responsibility could be relevant in that situation.
Product liability law may become increasingly vital as automation expands. Attorneys could spend far less time proving driver negligence and more time analyzing software logs, sensor data, and engineering reports.
Digital evidence can make a world of difference for future accident investigations. Event data recorders may preserve information about the following factors:
- Vehicle speed
- Steering commands
- Braking activity
- System performance
Expert witnesses with engineering and computer science backgrounds may turn out to be standard participants in courtroom proceedings.
How Will Self-Driving Car Insurance Change?
Insurance companies have always relied on human behavior to calculate risk. Age, driving history, accident records, and traffic violations go a long way toward influencing insurance premiums.
Automation could force insurers to go back to the drawing board and rethink their entire business model. Current policies focus solely on individual responsibility, but future policies may shift more responsibility toward manufacturers and technology companies.
Development of specialized self-driving car insurance products has already begun. Insurance companies are exploring ways to address software failures, cybersecurity threats, and technology-related defects.
Several important questions remain unanswered:
- Should manufacturers carry greater insurance coverage?
- Should vehicle owners remain responsible for accidents involving autonomous systems?
- Should software developers share financial liability?
Answers to those questions will impact future insurance policies.
Premiums may eventually decline if automated systems significantly reduce accident rates. Insurance costs could remain stable even if vehicle repairs become more expensive due to sophisticated sensors and advanced technology.
Regional firms are adapting. For instance, car accident lawyers in Phoenix and other professionals are taking a close look at legal developments involving autonomous vehicles. After all, future cases may look very different from traditional traffic disputes.
Frequently Asked Questions
Can You Sue a Self-Driving Car Manufacturer After an Accident?
Of course. Product liability laws may allow injured parties to file legal action against manufacturers, particularly when defective software, malfunctioning sensors, or design flaws have led to an accident.
Winning lawsuits often depend on proving that the technology failed to work as intended. Attorneys may need to examine the following before determining whether a manufacturer can be held responsible in the first place:
- Engineering reports
- Maintenance records
- Software updates
- Sensor data
Keep in mind that multiple defendants may also be involved in the same case. Courts will have to evaluate the precise facts of each accident and keep in mind driverless technology effects before assigning responsibility.
Will the Laws Be Different in Every State?
Yes. State governments currently regulate many aspects of autonomous vehicle testing and operation, and regulations vary quite a bit across the country.
Some states have adopted detailed laws governing everything from testing requirements and insurance standards to reporting procedures and licensing. Other states have implemented only limited regulations.
Differences between jurisdictions can create challenges. Federal agencies continue developing broader guidelines, but there's currently no single nationwide legal framework. Legal professionals expect additional car accident legal changes over the next several years or so as autonomous technology becomes a more common sight on public roads.
Driverless Cars Will Change the Future of Automotive Law
While driverless cars have a promising future, they aren't the answer to every human-caused problem on the road. Software malfunctions and other issues can open the door to new legal obstacles.
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